Understanding Statutes of Limitations
Every state sets a deadline for filing an injury lawsuit. Here is how these deadlines generally work and why you should not wait.
What is a statute of limitations?
A statute of limitations is a legal deadline for filing a lawsuit. If you miss it, the court will usually refuse to hear your case, no matter how strong it is.
The deadline depends on where you live and what happened
Deadlines for personal injury claims are set by each state and commonly range from one year to several years. Different rules can apply to car accidents, medical malpractice, claims against government bodies and injuries to children.
When does the clock start?
Often the clock starts on the date of the accident. In some situations, such as an injury that was not discovered right away, the start date can differ. Because the details are technical, do not rely on a guess.
Why waiting is risky
- Evidence disappears and memories fade
- Witnesses move away or become hard to find
- Insurance negotiations can run past the deadline without protecting your right to sue
What to do
Ask a licensed attorney in your state which deadline applies to your situation as early as you can. This page is general information and cannot tell you your deadline.